Last updated: July 01st, 2020 (“Program Effective Date”). These terms (“Subscription Terms”) apply to (1) Biocol Labs sale to you of Products it makes available on a subscription basis (“Subscription Products”) and (2) the associated benefits (if any) that we provide to you in connection with your purchase of such Subscription Products (the “Program Benefits”). When you purchase Subscription Products, you automatically become eligible for the Subscription Benefits, and you are referred to herein as a “Subscriber.” The program under which we offer such Subscription Products and Subscription Benefits together is referred to herein as both “Subscription” or the “Program”. Participation in the Program as a Subscriber is referred to herein as “Subscription.” We may sometimes refer to your Subscription as your “account.” These Subscription Terms are supplemental to the Biocol Labs End User License Agreement and Terms of Use, which are hereby incorporated by reference and made a part hereof. All capitalized terms not defined in these Subscription Terms have the meanings given to them in the Biocol Labs End User License Agreement and Terms of Use.
THESE SUBSCRIPTION TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND BIOCOL LABS. BY PLACING AN ORDER FOR ANY SUBSCRIPTION PRODUCTS (“ORDER”), IN ADDITION TO THE BIOCOL LABS END USER LICENSE AGREEMENT AND TERMS OF USE AND THE BIOCOL LABS PRIVACY POLICY, YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY THESE SUBSCRIPTION TERMS. YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THESE SUBSCRIPTION TERMS FOR CHANGES THERETO, AND BY CONTINUING YOUR MEMBERSHIP AND/OR BENEFITTING FROM ANY PROGRAM BENEFITS, YOU HEREBY AGREE TO ANY SUCH CHANGES.
Acknowledgment of Existing Sales and Payment Terms. You acknowledge and agree that the Biocol Labs End User License Agreement and Terms of Use contains general terms of sale and payment and that these Subscription Terms are in addition to, and not in place of, those existing sales and payment terms; provided that, in the event of a conflict between these Subscription Terms and the Biocol Labs End User License Agreement and Terms of Use, these Subscription Terms shall prevail. No conflict shall be deemed to exist where a matter or issue is covered in the Biocol Labs End User License Agreement and Terms of Use, but is not covered in these Subscription Terms.
Membership in the Program (This Includes Subscription Products and Program Benefits Together). Membership is for individual personal use only and not for any kind of business or entity. Only one (1) Membership account is permitted per person. Only one (1) account is permitted per email address. You should be (18) years of age or older are permitted to be Subscribers. No Members may use their account for business or commercial purposes. Only purchasers of Subscription Products will be eligible to receive Subscription Benefits. When you purchase Subscription Products on a subscription basis, we call that a “Subscription.” You automatically become a Member by having a Subscription. You are then automatically enrolled in the Program and become eligible to receive Subscription Benefits, subject to the terms and conditions of these Subscription Terms~, ~ the Biocol Labs End User License Agreement and Terms of Use and the Prose Privacy Policy. If you cancel your Subscription, then you are no longer a Member and no longer eligible for your current Subscription, Membership, or any further Program Benefits related to that Subscription that you have not received prior to the date of cancellation. (Also, see “Cancellation of Subscription” below). We may cancel your Subscription at any time (See “Additional Subscription Terms” below). If we do so, then you are no longer a Member and no longer eligible for your current Subscription, Membership, or any further Program Benefits related to that Subscription that you have not received prior to the date of cancellation. WE MAY CANCEL, SUSPEND, OR CHANGE ANY AND ALL TERMS RELATING TO PROGRAM BENEFITS AT ANY TIME IN OUR SOLE AND ABSOLUTE DISCRETION. Except as otherwise provided in these Subscription Terms, we will give you advance notice (which may be by email) of any material changes, and you will then have the option to cancel your Subscription, but that will be the only option we provide to you, and you agree that this is sufficient. Substitutions of a Subscription Benefit for an alternate Subscription Benefit of the same or similar value, as determined by us in our sole discretion, shall not be considered a material change that requires advance notice to you. Also, we are not required to give you advance notice of any material change within the first 120 days of the initial launch of the Subscription. If you choose to cancel your Subscription, we will then cancel your Subscription and you will no longer be eligible for your current Subscription, Membership, or any further Subscription Benefits related to that Subscription that have not been received prior to the date of cancellation. In the event of any cancellation referenced in this paragraph, no refunds, returns or exchanges will be provided for any previously received Subscription Products or those shipped prior to our ability to process your cancellation.
Subscription Fees. We will charge you fees for your purchase of Subscription Products (“Subscription Fees”). The Subscription Fees applicable to your purchase of Subscription Products are calculated at our then-current rates, which are subject to change.
Automatic Renewal of Subscription. YOUR SUBSCRIPTION FOR THE SUBSCRIPTION PRODUCTS WILL COMMENCE UPON THE EFFECTIVE DATE OF THE ORDER AND WILL AUTOMATICALLY RENEW AT THE END OF THE CALENDAR YEAR OF YOUR SUBCSRIPTION ORDER UNLESS AND UNTIL YOU CANCEL YOUR ORDER FOR SUBSCRIPTION PRODUCTS IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED BELOW. When you purchase Subscription Products, you expressly acknowledge and agree that: (a) Biocol Labs and/or its third-party payment processor is authorized to charge the Subscription Fees to your payment method at the beginning of each subscription term identified in an Order, any applicable taxes and any other charges you may incur in connection with the Subscription Products for as long as your subscription continues; and (b) your subscription is continuous until you or Biocol Labs cancels it. You acknowledge and agree that the amount billed may vary due to Offers (as defined below), changes in the Subscription Fees, and changes in applicable taxes, and you authorize us to charge your payment method for the changed amounts.
Cancellation of Subscription. You can cancel your Subscription at any time using the features and functionality of your account or by emailing us at hello@biocollabs.com. If you cancel your Subscription, moving forward, you will not be automatically billed or receive automatic shipments from us. This will not retroactively cancel any open order that was processed prior to your Subscription cancellation. Any and all Offers applicable to your subscription Products will automatically terminate and there is no guarantee that you will be given the same Offer if you decide to reactivate your subscription.
Payment Information; and Taxes on Subscriptions. You must provide current, complete and accurate information in connection with a purchase of Subscription Products. You must promptly update all information to keep your payment method current, complete and accurate (such as a change in credit card number or expiration date) using the features and functionality of your account. You must promptly notify us or our payment processor and must change the information in your account if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. If we are unable to complete your Order for Subscription Products for any reason (including without limitation any inaccuracy in your payment information), we may suspend the fulfillment of your Order for Subscription Products until we can complete the transaction, charge you a late fee or penalty for non-payment, or terminate your Order, in each case without notice or liability to you. You will pay any and all applicable taxes, if any, relating to your purchase of Subscription Products.
Shipping of Subscription Products and Other Items. We will ship the Subscription Product(s) you purchase and any other items in connection with the Subscription via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service, and delivery dates and times are estimates and are not guaranteed. We will, however, use commercially reasonable efforts to dispatch the Subscription Product(s) and other items to you as soon as reasonably possible. During busy times, such as holiday periods and periods of inclement weather, there may be additional processing and shipping delays. You agree to not hold Biocol Labs liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. Unless otherwise provided by notice from Biocol Labs, all Subscription Products and other items are shipped F.O.B. from any place we designate the Subscription Products or other items to leave. At our discretion, we may choose to halt, or alter, the delivery of an Order or other shipment, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud or other circumstances. You agree to pay any additional charges that may arise due to circumstances in which we take such action.
Offers for Subscription Products and Other Items. Biocol Labs may make special offers available to you or to users generally (“Offers”). Information about our current Offers for the Subscription Products, if any, will be made available in your account or when you checkout. You acknowledge and agree that any Offers made available by Biocol Labs are subject to change at any time and from time to time, such changes made at Biocl Lab's sole discretion. All Offer changes will apply to the next billing cycle following such Offer change; provided that, if we have offered and you have redeemed an Offer for a specific duration, we agree that the Subscription Fees will remain in force for that duration.
Additional Subscription Terms. We may, in our sole discretion, terminate your subscription for Subscription Products at any time without notice. If we do so, you will only be charged for Orders that have been shipped by Biocol Labs prior to such termination.
Current Program Benefits: The following are the Subscription Benefits as of the Program Effective Date.
15% off the purchase price (not taxes, shipping or similar charges) of all Subscription Products purchased from Biocol Labs while you are a Member (non-Subscription Products are not eligible for this discount).
Potential invitation to test Biocol Labs products. From time to time, we may invite a Subscriber to test a Biocol Labs product. This invitation is not guaranteed, may never take place for some or all Subscribers, and would be in our sole and absolute discretion. There is no cash value associated with product testing. We may ask you sign additional terms in connection with such test and you will not be eligible to participate unless you sign such additional terms.
Subscription and Biocol Labs emails and marketing communications. Members can opt out of emails that don’t relate to the Program at any time, but as long as you are Member, you will continue to receive operational/transactional emails related to the Program, including but not limited to Membership information, existing Program Benefits, changes to Program Benefits, and other communications related to the Program, such as consultations with our Science Team, discounts, testing, and all related products and services required to administer the Subscription as described herein.
Additional Program Benefits Terms. Susbcription Benefits are for Subscriptions only while they are Members. Subscription Benefits cannot be exchanged or returned for any other product, service or monetary refund. Subscription Benefits are intended for a Member’s personal use only. You may not assign, sell or transfer your Subscription Benefits or any part thereof. We reserve the right to suspend or revoke your Membership if you are in violation these Subscription Terms or otherwise demonstrate conduct detrimental to our interests. If your Membership is revoked, any of your Subscription Benefits associated with the Subscription will immediately expire unless Biocol Labs communicates otherwise. If you have concerns about your eligibility towards Subscription Benefits, contact Biocol Labs customer support at hello@biocollabs.com. If you no longer want to participate in the Subscription, cancel anytime by unsubscribing to your Biocol Labs products in your account on the Biocol Labs website. The terms and conditions of these Subscription Terms relating to such cancellation will apply.